When African students and other black persons escaping Ukraine at the start of the Ukraine-Russia conflict were being ejected from exiting transport (trains and busses) and denied entry into neighbouring Poland, many Africans were enraged with the shameless display of racism. One of these Africans was a middle-aged man from Congo—must have been a graduate student—only recently settled in Germany. Seated inside a café at the Berlin central train station with five of his German and British friends, he exploded: “One wonders how they built all these things? From where did you get all this money? Look where we are, this Hauptbahnof [main train station] must have consumed a fortune. The vehicles you make? No way!” His monologue lasted a while as his friends listened either in agreement or disbelief: “This is our money,” he went on. “This is why you never stop these civil wars on the continent only to treat us like sub-humans. But we will not stop coming, whatever the cost!” he declared. His voice sounded austere, choked with emotion. None of his friends volunteered an immediate response. Then one said, this Ukraine situation is embarrassing.
While the angry tirade was sparked by the treatment of Africans trying to escape a war zone, clearly, this man had thought about all this stuff for some time. He must have been educated or observant enough to make the connections between the extraction back home in the DRC, the endless violent wars, the resources in Europe (as coming from his home), and the racist treatment of his kindred who otherwise deserve some respect for sustaining the beautiful lifestyles and infrastructures of the western world. Had he listened to Mallence Bart-Williams’ viral TEDx Talk? The story of this Congolese man, whom I will call Tshibumba Matulu (after the painter Tshibumba Matulu that Dutch anthropologist, Johannes Fabian writes about in Remembering the Present) is the story of “the metropole and the periphery” that dependency theorists Samir Amin, Immanuel Wallerstein and Andre Gunder Frank developed in the 1970s and 1980s. The last line of his vitriol is interesting enough in the sense that now, Africans are seeking to see the world as one whole and thus determined to move to the centre—follow up on and seek to enjoy their resources—at whatever cost. Indeed, despite the innumerable roadblocks (immigration laws, expensive and convoluted visa processes, slave traders in the Maghreb, drowning in the Mediterranean, rank racism, and Islamophobia in the western world), Africans are moving to the centre, to the metropole, en masse. They are determined to follow up on their resources.
This is the story of both the open and disguised violence of neoliberalism, where Africa is heavily mined on the cheap, exploited through unequal exchange, climate/conservation colonialism, with the proceeds coming from African human and natural resources being stolen through inexplicable claims of value addition. This point of view has been recently, succinctly and loudly expressed by Italian Prime Minister Giorgia Meloni in her fight with French President Emmanuel Macron over immigration policies in Europe. Known for her anti-immigrant policies, Meloni’s (selfish) position is that if the French stopped stealing resources from 14 African countries through the clearly colonial and extortionist CFA, Africans would not be forced to make the dangerous journeys to Europe (where, by implication, they come to follow up on their resources, which are violently extracted leaving behind absolute poverty and suffering). In that viral clip doing the rounds across the globe, Meloni concludes that the solution to stop Africans from moving from their country to Europe is to leave them alone and have them receive the full benefit of their God-given resources:
So, the solution is not to take Africans and bring them to Europe, the solution is to free Africa from certain Europeans [especially France] who exploit it and allow these people to live off what they have.
While this message seemed directed at the French, the spread of (both violent and structural) capitalism across the African continent is real and threatening. With the collapse of the African economies about 30 years ago (via structural adjustment programmes), where foreign-owned companies returned under the neoliberal order and took over Africa’s major resources or the pillars upon which these economies stood—mineral resources (gold, oil, coffee, diamonds), banking, telecommunications, selling of agricultural products which used to be a function of cooperatives and direct government help—the continent has been left in a clear condition of morbidity. The bold choice, which I argue should be seen as revolutionary, is to move to the centre and demand the benefits of the resources that have been endlessly stolen from the continent, violently and through disguised extractivist structures.
Being a Congolese from Goma, Tshibumba Matulu must have witnessed the scramble for Congolese resources by the rich and mighty of the western world very up-close and personal—Dan Gertler International (DGI), Glencore Plc. and Alain Goetz, all of whom have a strong foothold in the country’s mining sector. These multinational companies own almost all the mining sites in the DRC, and have been implicated in the unending violence in the country, which is connected to the ways in which resources are mined. Take South Sudan as the other example where Glencore has a strong foothold in South Sudanese oil. In early November 2022, Glencore Plc. executives were found guilty of bribing the South Sudanese leadership—starting just four weeks after the country’s independence—as “they sought to profit from political turmoil . . . they inserted themselves into government-to-government deals that had been negotiated at preferential rates”. The Africa Progress Panel estimated that in a period of two years (2010-2012), DRC lost US$1.3 billion in asset sales to DGI. A 2021 study showed that DRC risked losing US$3.71 billion to controversial Israeli businessman Dan Gertler. This is a lot of money—which ends up in Israel where Gertler is one of the richest men and has been controversially implicated in a thousand scandals in Congo. To understand the fact that modern extraction follows a colonial model, one has to appreciate the fact that colonialism’s extraction was and is always outsourced to corporations. King Leopold operated in his individual capacity as a businessman, using his loot to build estates, infrastructures and palaces in Belgium (and not on the African continent). That an independent businessman, Dan Gertler, would promise guns to a government and actually deliver on his promise exposes the ways in which governments in the west outsource businessmen to colonise Africa on their behalf.
These multinational companies own almost all the mining sites in the DRC, and have been implicated in the unending violence in the country.
Dependency theory so succinctly exposed the roots and execution of underdevelopment in Black Africa, which is, in brief, resources being extracted on the cheap from the periphery (Africa), to be moved and generate more value in the metropole. If these resources ever come back to the continent (Latin America or Africa), they return more expensively. In this periphery-metropole dichotomy, endless capitalist exploitation (which mostly thrives on violence) not only depletes resources and opportunities at the periphery, but also makes life unliveable and unbearable. It then enacts tougher controls to keep the peoples of the periphery at the periphery so that they do not move to the metropole and overwhelm its amenities. This is why African journeys to the metropole are not only dangerous, but are also defined by more drama that tends to generate an incredible amount of grim news broadcasts. Dependency theory does not explicitly follow up on the revolutionary journeys where the exploited—like Tshibumba Matulu—painstakingly seek the benefits of their resources in the metropole. This is perhaps because it pursued another route out of this colonial conundrum, which was to de-link the metropole from the periphery.
Capitalism’s violence, revolutionary journeys
Transiting through airports in Dubai or Doha, one will encounter East African languages, especially Kiswahili and Luganda. Manning a counter in twos or threes, staff tend to speak to each other in their languages. While duty stations may not be allocated depending on the mutual native linguistic intelligibility between workers, since all speak English, somehow, workers from the same Great Lakes linguistic community find themselves together. That the numbers of labour migrants moving to the Middle East have soared over the past years is not just testament to the availability of job opportunities in the Middle East, but also to the dire conditions in which they live in their countries—conditions made difficult by the capitalist neoliberal reforms of the 1980s, and in some cases by conflict (especially in Northern Uganda, Karamoja, Turkana areas, South Sudan and Somalia). Middle Eastern salaries are not the greatest attraction as they range between US$600 and US$900 depending on seniority (far much less for domestic work). But that the same amounts cannot be earned back home speaks more to the dire conditions at home.
Data from the Uganda Ministry of Gender, Labour and Social Development published in the Daily Monitor, indicates that for the last six years (2016-2022), an average of 24,086 Ugandans left the country annually in search of employment, especially in the Middle East. What makes conditions so hostile in the Great Lakes Region? Besides Somalia and Central African Republic—where there is outright violence—why is the scale of movement of young people in particular so high in the Great Lakes region? It is the ravages of both internal capitalism (by the petty bourgeoisies) and foreign capital moving from South Africa northwards, but also coming from Europe and North America—and China exploiting the neoliberal environment. This is evident in cases of land grabbing, forced evictions, refugee crises caused by resource wars, especially in DRC and South Sudan, and the terrible business environment in the region.
Dependency theory does not explicitly follow up on the revolutionary journeys where the exploited painstakingly seek the benefits of their resources in the metropole.
Theoretically and practically, without the violence of the state and other related state actors, it is difficult for capitalism to reproduce itself. States do not only set the conditions under which extraction occurs (such as banking regimes, neoliberal regimes), but they are also ready to commit violence on the exploited. In Uganda, cases of land grabbing by local capitalists have made land ownership and agriculture difficult. In other cases, collusion between the state and foreign capitalists to evict peasants off their lands is causing first, rural urban-migration, and then journeys abroad. Among the most memorable cases is that of the 2001 evictions in Mubende where the German coffee company Neumann Gruppe used outright violence (with the help of the state), including shooting, burning houses and animals, and maiming people to create way for a coffee plantation. Over 2,000 families remain destitute and are yet to find justice. Faced with mass unemployment, extortionist banking regimes with high interest rates that have stymied creativity and made business difficult across East Africa, many young people struggle to start thriving businesses.
Violent evictions have also taken place in Kenya and Tanzania to create way for capitalist expansion or capitalist ostentation (Franz Fanon warned that political elites would turn the continent into an entertainment centre for foreign capitalists). This is the story in Samburu where evictions have taken place to create way for American charities. It is the story of the green colonialism that led to the Ogiek and Maasai evictions from the Mau Forest in the name of conservation. Guillaume Blanc’s recently published book, The Invention of Green Colonialism, demonstrates how the rhetoric of conservation (by colonially founded organisations including UNESCO, WWF, IUCN) perpetuates a colonial model of conservation that privileges animals and plants over humans. While capitalists in Europe and North America—consuming endlessly—have destroyed nature, they have maintained a mythical, fictionalised Eden in Africa, insisting that peasants, who have developed ways of coexisting with nature, who eat very little meat, have neither cars, nor computers nor smartphones, are a danger to the environment. They are evicted from huge swathes of land that are then reserved for white people to hunt and gaze at wild animals.
Away from the forests and the plains, the poor are also being “cleansed” from the capital cities. The 2021 Mukuru Kwa Njega eviction in Nairobi that left 40,000 people homeless is etched in the memories of Kenyans. In what Mwaura Mwangi aptly termed “Demolition Colonialism”, thousands of poor Nairobians have had their houses demolished so that the rich can enjoy easy transit. This is not anti-development position, but rather a reading that seeks to recognise the rights of the poor, and make visible the history of slums in major cities across Africa.
Theoretically and practically, without the violence of the state and other related state actors, it is difficult for capitalism to reproduce itself.
Then come the wars in the DRC, Somalia, CAR, and South Sudan—a product of business dealings by multinationals including Glencore and CNOOC, among others— that have led to an increase in refugees numbers, now reaching 2.3 million people according to UNHCR. In his book Saviours and Survivors, Mahmood Mamdani implicates CNOOC and ExxonMobil in protecting oil wells using different rebel groups in the Sudan-South Sudan conflict. The end product of these clandestine oil dealings are the over 1.5 million refugees hosted in Uganda, making it the country with the largest number of refugees in the world. The influx of people escaping resource-related conflicts has overwhelmed resources in the Great Lakes region. And while many of the refugees will stay in the region, many others are making the journey to the Middle East, to Europe and to North America.
With all this aggressive capitalist expansion manifesting in different forms, the African in the Great Lakes (and other places on the continent) is left with no choice but to make the journey to Europe and to North America. I want to read these journeys not just as migration, but as revolution. They might seem puny, unorganised and migrating out of desperate need, but Africans are moving to the centre to benefit from the resources that continue to be extracted from their continent. This is how the extractors perceive these journeys—not as migration, but as revolution—which explains why there are so many roadblocks along the way.
This article is part of a series on migration and displacement in and from Africa, co-produced by the Elephant and the Heinrich Boll Foundation’s African Migration Hub, which is housed at its new Horn of Africa Office in Nairobi.
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Pax Savannah: Adjusting Kenyan Foreign Policy for Prosperity
A Pax Savanna doctrine would end the ambiguity of historical non-alignment that makes Kenya “Look East” today and “Look West” tomorrow.
One of the most confounding aspects of Kenyan foreign policy is the fact that there is generally no official doctrine guiding the conduct of the country’s external relations or its decision making. Kenyan international relations aficionados are left to speculate on the actions of the leadership with regards to questions of economics, peace, migration, climate, and culture.
As for the citizens, there is increasing disappointment with the conduct of the country’s foreign affairs due to numerous faux pas, an unresponsive officialdom, minimal camaraderie with fellow African countries on issues, and significant dalliance with the West on issues of global concern.
Remarkably, this could be because Kenya’s current foreign policy document published in 2014 makes no mention of the word “doctrine” despite it being the guiding framework for the country’s diplomatic engagements.
Foreign policy doctrine is the overarching justification grounding the rules upon which political leadership handles situations or explains the actions of one country towards another.
Subsequently, the justifications provided, or the activities carried out in the diplomatic community, tend to confound many observers, be they local or international. For example, there are numerous interpretations of what “pragmatism” means in Kenyan foreign policy. For some, it is “a cunning and ruthless pursuit of her national goals irrespective of ideals” while for others it is mainly an “emphasis on economic considerations when tackling national challenges”, among other interpretations.
In November 2022, President William Ruto’s international relations dealings were reported in the news as both “Look East” and “Look West”, and also as the “Here and There Diplomacy” characterized by conflicting signals, questionable or controversial conduct, and poor communication.
Kenyan foreign policy proclamations and practice, therefore, contradict the country’s projection of consistency in pursuit of stability within its national, regional, continental, and global engagements even while possessing a very realist understanding of threat in its traditionalist diplomatic conduct.
This is despite attaining a “pluralist dividend” following promulgation of the Constitution of Kenya 2010. It is therefore important to recognize that an understanding of opportunities from a post-modernist context can increase the benefits of including non-state actors in Kenya’s foreign policy.
In a sense, their inclusion would infuse new ways of thinking about global power relations, increase the country’s understanding of its potential sphere of influence, encourage consideration of entities outside of officialdom, and the possibility of novel ideas in the country’s external relations.
Kenyan diplomacy in a multipolar world
Shifts in polarity within global developments seem to be a new feature of the post-COVID and post-truth world.
The Russia-Ukraine conflict, the rise of China, disruptive technology, inflationary shocks, continued troubles in the Middle East, energy challenges, inadequate growth, an unexceptional America, demographic pressures, and a strain on natural resources seem to have ushered in a multipolar world by means of force; force, in this instance, being both natural and man-made events resulting in crisis in which one disaster builds into another, making situations worse. This context of polycrisis is particularly affecting power distribution within the international system.
Shifts in polarity within global developments seem to be a new feature of the post-COVID and post-truth world.
A modernization of Kenyan foreign policy is, therefore, required to establish a transformative diplomacy that can consider new nuances, increase sophistication in negotiation, and actualize greater responsiveness in the country’s conduct of its external relations.
Kenya must begin imagining itself on its own terms instead of based on Western “exceptionalist” predetermination illustrated by, for example, the Council on Foreign Relations (CFR) description of the country as an “anchor state” that provides stability.
This categorization is on account of the strategic confidence Kenya offers the US based on its financial services and infrastructural connectedness that make it a “hub of its subregion”. Further, this is due to Kenya’s promotion of regional peace and security among its neighbours in tandem with US/Western interests.
However, this perspective limits Kenya’s ability to become an African exemplar state; the appropriate democratic model within its immediate sphere of influence which is primarily the East African Community (EAC) and the greater Horn of Africa region.
As such, developing a doctrine would help pursue international peace and prosperity as championed by Kenya in response to an increasingly multipolar world through a multilateralism that focuses on building profitable relations as a means to building alliances within the savanna climate countries.
Peace in the savanna equals peace in the world
Generally, Kenya’s diplomatic pillars (peace diplomacy, economic diplomacy, diaspora diplomacy, environmental diplomacy, cultural diplomacy) are captured as a list of priorities, that is, a shared common purpose with the international community as opposed to being a defined, inherent framework for the country’s global ambitions.
In this sense, Kenya identifies issues of concern, spaces for action, institutions to influence, and opportunities for collaboration without giving a clear picture or viewpoint of what a harmonious world looks like according to its national interests.
Considering its history, Kenya must, therefore, develop a doctrine that offers guidance on domestic linkages to its foreign affairs, foundations in regional integration, prospects for new diplomatic constituencies, efforts towards modernization, and responses to emerging threats – essentially, explaining the centrality of Kenyan external relations logic in building profitable relations as a means of acquiring positive and sustainable alliances that benefit the world.
Kenya’s understanding of redistributed power requires a geostrategic reorganization of its motivations for cultural, economic, military, or political distinctiveness towards making an impression on the Savanna Climate Countries.
By distinguishing The Savanna as the space within which to optimize its global footprint, Kenya will be able to deploy an “Africa plus World” strategy that will harness the maritime advantages of the Indian Ocean Rim as a portal to increased economic collaboration in trade, investment, and the development of the country.
A Pax Savanna doctrine offers the language and reasoning of a “looking worldwide” foreign policy position that searches for partnership from all corners of the globe while ending the ambiguity of historical non-alignment that makes Kenya “Look East” today and “Look West” tomorrow.
Such a construct of objectives – a policy imagination of Kenya’s place in the world – must consider the geopolitical ways and means to become a part of either the current global economic system, the emerging alternative world order or, better still, a continental renaissance architecture.
While it interacts with the Bretton Woods system, the country should consider whether it will be a part of BRICKS (Brazil, Russia, India, China, Kenya, South Africa) or BRICSEA (Brazil, Russia, India, China, Southern and Eastern Africa).
This can only be achieved if the country works in tandem with the EAC to become a fast-growing economy that can, together with the BRICS countries, participate in dominating the world by 2050. EAC members’ engagement would be on equal terms with the BRICS member countries based on their combined advantage in terms of land mass, population, and GDP.
Ultimately, through whatever promising form or formation of international politics, Kenya should seek to take up the mantle of championing African prosperity, legitimacy, and welfare both for its own benefit and for the benefit of its continental compatriots.
A Pax Savanna doctrine offers the language and reasoning of a “looking worldwide” foreign policy position.
In doing so, Kenya would provide clarity concerning its participation in the African Continental Free Trade Area (AfCFTA), its intervention in Haiti, and justifications for Double Taxation Agreements (DTAs) or Free Trade Agreements (FTAs), among other actions.
Projection of influence in intergovernmental forums such as the Group of 20 (G20), the principal organisations of the United Nations (the UN General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the UN Secretariat, and the Trusteeship Council) and coalitions such as the Group of 77 (G77), among others, must then be channelled towards achieving a Pax Savanna, an “Africa plus World” strategy that focuses on the Indian Ocean Rim as a theatre of specific transformational interest for Kenya.
Transformative diplomacy initiatives as rejuvenation
Non-state actors tend to be viewed or engaged with from a significant distance in Kenyan foreign policy. For instance, in and of their own right, professionals are only mentioned or acknowledged once in the entire 2014 foreign policy document.
This may be a consequence of previous clashes on questions concerning human rights as seen on issues regarding the Kenyan cases at the International Criminal Court (ICC) and the handling of suspects in the ongoing global war on terror.
Regrettably, these lenses of contestation are similarly applied to non-state actors in a whole range of other global spaces such institutional reforms, tax governance, debt sustainability, regional integration, climate change, trade advocacy, consumer rights, gender responsiveness, non-communicable diseases, and civil protection, i.e. emergency response.
Unlike the diaspora whose geolocational and financial influence are well captured (to the point of a ministerial evolution that has seen the creation of a state department for diaspora affairs), the vast human resource experience(s) and occupational positioning outside officialdom are yet to be truly harnessed for purposes of informing the national development agenda. Experts, scholars, practitioners, and students in spaces outside established diplomatic bureaucracy are peripheral entities in Kenyan foreign affairs policymaking.
Non-state actors tend to be viewed or engaged with from a significant distance in Kenyan foreign policy.
Adopting transformation as restorative diplomatic force of interactions will therefore champion more inclusion of non-state actors or professionals in decision-making, thereby helping to move current foreign policy away from its exclusive traditions, practices, and its policymaking roots to a more productive working relationship despite the differences that may emerge from time to time.
Such an approach would encourage the Kenyan government to embrace various platforms that expand access to expertise from the wider diplomatic professional community and from among its citizens. It would offer the government the opportunity to support the inclusion of new foreign policy ideas, and avenues for contribution by non-state actors thereby ending their marginalisation.
Deliberate mapping of Kenyan citizens in academia, non-governmental organisations (international and local), staffers within various diplomatic offices in Kenya, including the United Nations, the private sector, and faith-based organisations, among others, is critical in building support and partnerships in the national interest.
Moreover, such an initiative would infuse new ideas on improving Kenya’s foreign policy through emerging institutions such as the Foreign Service Institute (FSI), National Defence University (NDU) of Kenya, and the International Relations Society of Kenya (IRSK) to build bridges across existing tensions to prevent reversals and orchestrate diplomatic transformation for the modern age.
This would serve as a means of moving beyond the simple recognition and inclusion of multiple actors in decision-making to the establishment of an “Emergence Doctrine” of “The Exemplar State” to become a force for good in Africa and the world.
Is Somalia’s Quest for Membership of the EAC Premature?
Somalia must first ensure sustained progress in stability, infrastructure development, governance, and economic growth before considering full membership of the East African Community.
The current members of the East African Community (EAC) are Tanzania, Kenya, Uganda, Rwanda, Burundi, and South Sudan. The Somali Federal Government, under the leadership of Hassan Sheikh Mohamud, has expressed a strong interest in joining the EAC, sparking questions among Somali citizens as to whether the country is ready to join such a large and complex regional bloc.
During President Hassan Sheikh Mohamud initiated Somalia’s pursuit of EAC membership during his previous term as a president from 2012 to 2017. However, little progress was made during his first term and, following his re-election, President Hassan reignited his pursuit of EAC membership without consulting essential stakeholders such as the parliament, the opposition, and civil society. This unilateral decision has raised doubts about the president’s dedication to establishing a government based on consensus. Moreover, his decision to pursue EAC membership has evoked mixed responses within Somalia. While some Somalis perceive joining the EAC as advantageous for the country, others express concerns about potential risks to Somalia’s economic and social development. President Hassan has defended his decision, emphasising that Somalia’s best interests lie in becoming a member of the EAC.
To assess Somalia’s readiness to join the EAC, the regional bloc undertook a comprehensive verification mission. A team of experts well versed in politics, economics, and social systems, was tasked with evaluating Somalia’s progress. The evaluation included a thorough review of economic performance, trade policies, and potential contributions to the EAC’s integration efforts. During this process, the team engaged with various government institutions and private organisations, conducting comprehensive assessments and discussions to gauge Somalia’s preparedness.
One of the key requirements for Somalia is demonstrating an unwavering commitment to upholding principles such as good governance, democracy, the rule of law, and respect for human rights. Somalia must also showcase a vibrant market economy that fosters regional trade and collaboration.
Successful integration into the EAC would not only elevate Somalia’s regional stature but would also foster deeper bonds of cooperation and shared prosperity among the East African nations. While this is a positive step towards regional integration and economic development, there are several reasons for pessimism about the potential success of Somalia’s membership in the EAC.
Somalia must also showcase a vibrant market economy that fosters regional trade and collaboration.
Somalia has faced significant challenges due to prolonged conflict and instability. The decades-long civil war, coupled with the persistent threat of terrorism, has had a devastating impact on the country’s infrastructure, economy, governance systems, and overall stability.
The following fundamental factors raise valid concerns about Somalia’s readiness to effectively participate in the EAC.
Infrastructure plays a critical role in regional integration and economic growth. However, Somalia’s infrastructure has been severely damaged and neglected due to years of conflict. The country lacks adequate transportation networks, reliable energy systems, and while communications infrastructure has improved, internet penetration rates remain low and mobile networks – which are crucial for seamless integration with the EAC – can be unavailable outside of urban centres. Rebuilding such infrastructure requires substantial investments, technical expertise, and stability, all of which remain significant challenges for Somalia.
Political stability and governance
The EAC places emphasis on good governance, democracy, and the rule of law as prerequisites for membership. Somalia’s journey towards political stability and effective governance has been arduous, with numerous setbacks and ongoing power struggles. The lack of a unified government, coupled with weak state institutions and a history of corruption, raises doubts about Somalia’s ability to meet the EAC’s standards. Without a stable and inclusive political environment, Somalia may struggle to effectively contribute to the decision-making processes within the regional bloc.
Economic development and trade
Somalia’s economy has been heavily dependent on the informal sector and faces substantial economic disparities. The country needs to demonstrate a vibrant market economy that fosters regional trade and collaboration, as required by the EAC. However, the challenges of rebuilding a war-torn economy, tackling high poverty rates, and addressing widespread unemployment hinder Somalia’s ability to fully participate in regional trade and reap the benefits of integration.
Somalia continues to grapple with security challenges, including the presence of extremist groups and maritime piracy. These issues have not only hindered the country’s development but also pose potential risks to the stability and security of the entire EAC region. It is crucial for Somalia to address these security concerns comprehensively and to establish effective mechanisms to contribute to the EAC’s collective security efforts.
Economic Disparity and Compatibility
Somalia’s economy primarily relies on livestock, agriculture, and fishing, which may not align well with the more quasi-industralised economies of the other EAC member states. This mismatch could result in trade imbalances and pose challenges for integrating Somalia into the regional economy. For instance, according to the World Bank, Somalia’s GDP per capita was US$447 in 2021 whereas it is US$2081 for Kenya, US$1099 for Tanzania, and US$883 for Uganda. Furthermore, Somalia faces significant economic challenges, including capital flight that drains resources from the country, contributing to its status as a consumer-based economy.
This divergence in economic structures could lead to trade imbalances and impede the seamless integration of Somalia into the regional economy. The substantial economic gap between Somalia and other EAC member states suggests a significant disparity that may hinder Somalia’s ability to fully participate in the EAC’s economic activities. Additionally, Somalia has yet to demonstrate fiscal or economic discipline that would make it eligible for EAC membership. While Somalia has a functioning Central Bank and the US dollar remains the primary mode of financial transactions, the risk of integration lies with the other EAC members; cross-border trade would occur in an environment of instability, posing potential risks to the other member state.
Somalia faces significant economic challenges, including capital flight that drains resources from the country, contributing to its status as a consumer-based economy.
While these fundamental challenges remain, it is important to acknowledge the progress Somalia has made in recent years. This includes the gradual improvement in security conditions, the establishment of key governmental institutions, and the peaceful transfer of power. One can also argue that many of these fundamental economic, infrastructure, political instability, and security concerns exist across the East African Community. However, what makes Somalia unique is the scale of the challenges it faces today. Somalia has adopted a federal political structure, which has not worked well so far. This level of fragmentation and civil political distrust makes Somalia’s case unique. More than ever, Somalia needs meaningful political and social reconciliation before it can embark on a new regional journey.
The absence of an impact assessment by the relevant ministries in Somalia is alarming. Without this assessment, it becomes challenging to make informed decisions about the potential benefits of joining the EAC and the impact on our economy and society. Conducting this assessment should be a priority for Somalia’s ministries to ensure a comprehensive evaluation of the potential benefits and risks involved in EAC membership. Furthermore, President Hassan Sheikh Mohamud’s decision to pursue Somalia’s integration into the EAC lacks political legitimacy as a decision of this nature would normally require ratification through a popular vote and other legal means through parliament. The failure to achieve this could potentially allow another president in the future to unilaterally announce withdrawal from the EAC.
Fragile state of Affairs and internal disputes
The recent reopening of the Gatunda border post between Uganda and Rwanda after a three-year period of strained relations indicates a fragile state of affairs. The East African Court of Justice has ruled that Rwanda’s initial closure of the border was illegal, highlighting the contentious nature of inter-country disputes. Furthermore, Tanzania and Uganda have formally lodged complaints against Kenya, alleging unfair advantages in trade relations, and have even gone as far as threatening Kenya with export bans. These grievances underscore the underlying tensions and competition between member states, which could potentially hinder the harmonious functioning of the East African Community. These political and economic disagreements among member states increase the risks associated with Somalia’s membership. Somalia must carefully evaluate whether it is entering a united and cohesive bloc or one plagued by internal divisions. Joining the East African Community at this juncture carries the risk of being drawn into ongoing disputes and potentially being caught in the crossfire of inter-country rivalries.
Conflict in South Sudan
The prolonged conflict in South Sudan, which has been ongoing since its admission to the East African Community (EAC) in 2016, serves as a cautionary tale for Somalia. Despite the EAC’s efforts to mediate and foster peace in the region, the outcomes have been mixed, resulting in an unsustainable peace. This lack of success highlights the challenges faced by member states in resolving conflicts and maintaining stability within the community. Somalia must carefully evaluate whether its participation in the EAC will genuinely contribute to its stability, economic growth, and development, or if it risks exacerbating existing internal conflicts. Joining the community without a solid foundation of political stability, institutions, and peace could potentially divert resources and attention away from domestic issues, hindering Somalia’s progress towards resolving its own challenges. South Sudan’s admission to the EAC in 2016 was seen as a major step towards regional integration and stability. However, the country has been mired in conflict ever since, with two civil wars breaking out in 2013 and 2016. The EAC has been involved in mediation efforts, with mixed results.
Somalia must evaluate the readiness of its institutions, infrastructure, and economy to effectively engage with the East African Community. Comprehensive preparations are crucial to ensure that joining the community is a well thought-out and strategic decision, rather than a hasty move that could further destabilise the nation. Somalia needs to assess whether its infrastructure, institutions, and economy are sufficiently developed to cope with the challenges and demands of integration. Premature membership could strain Somalia’s resources, impede its growth, and leave it at a disadvantage compared to more established member states.
Somalia must carefully evaluate whether it is entering a united and cohesive bloc or one plagued by internal divisions.
Somalia must ensure sustained progress in stability, infrastructure development, governance, and economic growth before considering full membership of the EAC. A phased approach that prioritises capacity building, institution-strengthening, and inclusive governance would enable Somalia to lay a solid foundation for successful integration and reap the maximum benefits from EAC membership in the long term. Failure to address these concerns would make Somalia vulnerable to exploitation and market monopolies by stronger economies, and could also risk a lack of seamless convergence for Somalia’s membership. While there is political will from EAC leaders to support Somalia’s membership, it is vitally important that they make the right decision for Somalia and the EAC bloc as a whole to ensure a successful integration. I believe that, at this juncture, the disadvantages of Somalia joining the EAC outweigh the benefits.
2023 Marks 110 Years Since the Maasai Case 1913: Does it Still Matter?
It was a landmark case for its time, a first for East Africa and possibly for the continent. A group of Africans challenged a colonial power in a colonial court to appeal a major land grab and demand reparations. They lost on a technicality but the ripple effects of the Maasai Case continue to be felt.
In the name Parsaloi Ole Gilisho there lies an irony. It was spelled Legalishu by the colonial British. Say it out loud. He gave them a legal issue, all right. And a 110-year-old headache.
This extraordinary age-set spokesman (a traditional leader called ol-aiguenani, pl. il-aiguenak) led non-violent resistance to the British, in what was then British East Africa, that culminated in the Maasai Case 1913. Ole Gilisho was then a senior warrior, who was probably in his mid- to late thirties. In bringing the case before the High Court of British East Africa, he was not only challenging the British but also the Maasai elders who had signed away thousands of acres of community land via a 1904 Maasai Agreement or Treaty with the British. This and the 1911 Agreement – which effectively rendered the first void – are often wrongly called the Anglo-Maasai Agreements. In Ole Gilisho’s view, and those of his fellow plaintiffs, these elders had sold out. The suit accused them of having had no authority to make this decision on behalf of the community. This represented a very serious challenge by warriors to traditional authority, including that of the late laibon (prophet) Olonana, who had signed in 1904, and died in 1911.
The British had expected the Maasai to violently rebel in response to these issues and to colonial rule in general. But contrary to modern-day myths that the Maasai fought their colonisers, here they resisted peacefully via legal means. They hired British lawyers and took the British to their own cleaners. Spoiler: they lost, went to appeal, and lost again. But archival research reveals that the British government was so convinced it would eventually lose, if the Maasai appealed to the Privy Council in London (they didn’t), that officials began discussing how much compensation to pay.
The facts are these. The lawsuit was launched in 1912. There were four plaintiffs, Ole Gilisho and three fellow Purko (one of the 16 Maasai territorial sections) Maasai. In Civil Case No. 91 they claimed that the 1911 Maasai Agreement was not binding on them and other Laikipia Maasai, that the 1904 Agreement remained in force, and they contested the legality of the second move. They demanded the return of Laikipia, and £5,000 in damages for loss of livestock during the second move (explained below). Ole Gilisho was illiterate and had never been to school. But he and his fellow plaintiffs were assisted by sympathetic Europeans who were angered by the injustice they saw being perpetrated against a “tribe” that British administrators conceded had never given them any trouble. These sympathisers included people who worked for the colonial government, notably medical Dr Norman Leys and some district officials, lawyers, a few missionaries, the odd settler, and a wider group of left-wing MPs and anti-colonial agitators in Britain.
What had led up to this? After the 1904 Agreement, certain groups or sections of Maasai had been forcibly moved from their grazing grounds in the central Rift Valley around Naivasha into two reserves – one in Laikipia, the other in the south on the border with German East Africa. The British had pledged that this arrangement was permanent, that it would last “so long as the Maasai as a race shall exist”. But just seven years later, the British went back on their word and moved the “northern” Maasai again, forcing them at gunpoint to vacate Laikipia and move to the Southern Reserve. In all, it is estimated that the Maasai lost at least 50 per cent of their land, but that figure could be nearer 70 per cent. The ostensible reason for moving them was to “free up” land for white settlement – largely for British settlers but also for South Africans fleeing the Boer War (also called the South African War).
But just seven years later, the British went back on their word and moved the ‘northern’ Maasai again, forcing them at gunpoint to vacate Laikipia and move to the Southern Reserve.
By the time the case came to court, Ole Gilisho had become a defendant, even though he was in favour of the plaint. So were at least eight other defendants. He had signed the 1904 Agreement, and now stood accused with 17 other Maasai of having no authority to enter into such a contract. The first defendant was the Attorney General. Ole Gilisho’s son-in-law Murket Ole Nchoko, misspelled Ol le Njogo by the British, and described as a leading moran (il-murran or warrior) of the Purko section, was now the lead plaintiff. The plaint was called Ol le Njogo and others v. The Attorney General and others.
Challenges facing the plaintiffs
Most Maasai were illiterate in those days, and this obviously placed them at a major disadvantage. They could not write down their version of events. They were forced to rely, in their dealings with officials and their own lawyers, upon translators and semiliterate mediators whose reliability was questionable. But it is evident, from the archival record which includes verbatim accounts of meetings between Maasai leaders and British officials in the run-up to the moves and case, that the level of verbal discourse was highly sophisticated. This comes as no surprise; verbal debate is a cornerstone of Maasai society and customary justice. Unfortunately, that alone could not help them here. They knew they needed lawyers, and asked their friends for help. Leys, who was later sacked from the colonial service for his activism, admitted in a private letter: “I procured the best one in the country for them.” This was more than he ever admitted openly.
Local administrators used intimidation and all kinds of devious means to try and stop the case. (I didn’t come across any evidence that the Colonial Office in London sanctioned this; in fact, it ordered the Governor not to obstruct the main lawyer or his clients.) They allegedly threatened Ole Gilisho with flogging and deportation. They threatened and cross-questioned suspected European sympathisers, including Leys and the lawyers. They banned Maasai from selling cattle to raise the legal fees, and placed the Southern Reserve in continuous quarantine. It was hard for the plaintiffs, confined to a reserve, to meet their lawyers at all. At one point, lawyers were refused passes to enter the reserve, and their clients were prevented from leaving it.
We hear Ole Gilisho’s voice in the archival record. Forced to give a statement explaining his actions to officials at Enderit River on 21 June 1912, when asked if he had called Europeans to his boma, he replied: “Is it possible for a black man to call a white man?” He denied having called the Europeans (probably lawyers or go-betweens), saying they had come to him. Leys later explained to a friend that Ole Gilisho had probably been “terrified out of his wits”, and hadn’t meant what he said.
What happened in court
The case was thrown out when it first came before the High Court in Mombasa in May 1913. The Maasai appealed, and that is when the legal arguments were fully aired by both sides – lawyers for the Crown and the Maasai. The appeal was dismissed in December on the grounds that the plaintiffs’ claims were not cognisable in municipal courts. The two agreements were ruled not to be agreements but treaties, which were Acts of State. They could not, therefore, be challenged in a local court. It was impossible for the plaintiffs to seek to enforce the provisions of a treaty, said the judges – “The paramount chief himself could not bring such an action, still less can his people”. Claims for damages were also dismissed.
The Court of Appeal’s judgement centred on the status of a protectorate, in which the King was said to exercise powers granted to him under the Foreign Jurisdiction Act of 1890. Irrational as it sounds, the Crown claimed that British East Africa was not British territory, and the Maasai were not British subjects with any rights of access to British law, but “protected foreigners, who, in return for that protection, owe obedience” to the Crown. As Yash Pal Ghai and Patrick McAuslan later put it, when discussing the case in a 1970 book: “A British protected person is protected against everyone except the British.” On the plus side, the judges ruled that the Maasai still retained some “vestige” of sovereignty. (The Maasai’s lawyer argued that they did not.) This triggered later moves by Maasai politicians, in the 1960s, to float the idea of secession from Kenya and the possible creation of a sovereign Maasai state. John Keen had threatened this in 1962 at the second Lancaster House Conference in London, attended by a Maasai delegation.
Alexander Morrison, lawyer for the Maasai, argued that British rule and courts were established in the protectorate, which had not been the case 30 years earlier. The Maasai were not foreigners but equal to other British subjects in every way. The agreements were civil contracts, enforceable in the courts, and not unenforceable treaties. If one took the Crown’s claim about Acts of State to its logical conclusion, he argued, a squatter refusing to leave land reserved for the Maasai could only be removed by an Act of State. None of his arguments washed with the judges. (See my 2006 book Moving the Maasai for a fuller account.)
Morrison advised his clients to appeal. It seems they couldn’t raise the funds. However, oral testimony from elders reveals a different story: Ole Gilisho had planned to sail to England to appeal to the Privy Council, but he was threatened with drowning at sea. This is impossible to verify, but it rings true.
In an interview carried out on my behalf in 2008 by Michael Tiampati, my old friend John Keen had this to say about the outcome of the case: “If the hyena was the magistrate and the accused was a goat, you should probably know that the goat would not get any form of justice. So this is exactly how it was that the Maasai could not get any fair justice from British courts.”
Contemporary African resistance
Unbeknown to the Maasai, there was growing anti-colonial resistance in the same period in other parts of Africa. All these acts of resistance have inspired African activists in their continuing struggles. To mention a few: the Chilembwe rebellion in Nyasaland, now Malawi (1915); the Herero revolt in German South West Africa, now Namibia (1904–1908); resistance in present-day Kenya by Mekatilili wa Menza (largely 1913-14); the First Chimurenga or First War of Independence in what is now Zimbabwe (1896–1897); and the Maji Maji rebellion in German East Africa, now Tanzania (1905–1907). But none of these rebellions involved lawsuits. The closest precedent may have been R vs Earl of Crewe, Ex-parte Sekgoma in 1910. Chief Sekgoma, who had been jailed by the British in the Bechuanaland Protectorate (now Botswana) after many attempts to remove him as chief, instructed his lawyer to bring a writ of habeus corpus against the Secretary of State for the Colonies, Lord Crewe. He demanded to be tried in an English court, refusing an offer of release on condition that he agrees to live in a restricted area of the Transvaal. The suit was dismissed, the court ruling that the King had unfettered jurisdiction in a protectorate, and his right to detain Sekgoma was upheld. Sekgoma apparently said: “I would rather be killed than go to the Transvaal. I will not go because I have committed no crime – I wish to have my case tried before the courts in England or else be killed.” Freed in 1912, he died two years later.
The case, and other key events in early twentieth century Maasai history, have given rise to several myths. They include the idea that the stolen land should “revert” to the Maasai after 100 years, but that was not stated in the 1904 Agreement, which was not limited in time, was not a land lease, and has not “expired” as many people claim. Neither agreement has. Keen knew this, but nonetheless called for the land to “revert”. Other myths include the idea that Olonana’s thumbprint was placed on the 1911 Agreement posthumously, and it must therefore be invalid. But neither his thumbprint nor name are on the document, which was “signed” by his son Seggi. Anyhow, Olonana was a key ally of the British, who had no reason to kill him (which is another myth).
The original of the 1904 Agreement has never been found, which has led some Maasai to believe that it never existed and therefore all the land must be restored and compensation paid for its use to date. There may be sound legal arguments for restorative justice, but this is not one of them. These myths are ahistorical and unhelpful, but may be understood as attempts to rationalise and make sense of what happened. Some activists may wish that the Maasai had resisted violently, rather than taken the legal route. Hence the insistence by some that there was a seamless history of armed resistance from the start of colonial rule. Not true. There are much better arguments to be made, by professional lawyers with an understanding of international treaty rights and aboriginal title, which could possibly produce results.
Ole Gilisho had planned to sail to England to appeal to the Privy Council, but he was threatened with drowning at sea.
Where does all this leave the Maasai today? Over the years, there has been much talk of revisiting the case and bringing a claim against Britain (or Kenya) for the return of land or reparations for its loss. None of this has resulted in concrete action. I attended a planning workshop in Nairobi in 2006 when plans were laid for a lawsuit. VIPs present included the late Ole Ntimama, scholar Ben Kantai and John Keen. Keen declared, with his customary flourish, that he would stump up a million shillings to get the ball rolling. I don’t know how much money was raised in total, but it disappeared into thin air. As did the lawyers.
Leading lawyers have advised that too much time has passed, and (unlike the successful Mau Mau veterans’ suit) there are no living witnesses who could give evidence in court. It is unclear whether the agreements still have any legal validity. The British government might argue, as it previously has, including in response to my questions, that it handed over all responsibility for its pre-1963 actions to the Kenyan government at independence. This is a ludicrous argument, which is also morally wrong. Former colonial powers such as Germany have accepted responsibility for historical injustices in their former colonies, notably Namibia. Has the time come for Ole Gilisho’s descendants to call a white man to court?
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